Yes.
If you want more than a one word answer though then let’s look into this subject a bit more as it is common place for the terms bullying and harassment to be used interchangeably when there is in fact a distinction between the two.
What is bullying?
There is no legal definition in the UK of the term bullying and therefore most organisations revert to using the ACAS definition of bullying when writing a policy on the issue which is, “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the person being bullied”. Bullying at work could be regular behaviour or a one-off incident, it could be in person or online, and bullying is often done in a way so that it is not immediately obvious or noticeable to others. In reality what might bullying look like? Unfortunately bullying at work is depressingly similar to playground bullying at school. Workplace bullies will spread rumours and gossip maliciously about someone, they’ll put someone down in front of colleagues, they’ll deliberately exclude someone from social gatherings or the team WhatsApp group and they might even make offensive or threatening comments on social media.
What are the effects of bullying?
The effects of bullying at work can be wide ranging and can cause both short and long term damage. The website Chron breaks the impact of bullying down into three categories, mental wellbeing, physical effects and work performance. In terms of mental wellbeing bullying can cause, stress, anxiety and depression. Victims of bullying often blame themselves for the bullying and this can lead to self-loathing and potentially issues such as self-harm and even suicide. Bullying can manifest itself physically as well as mentally with victims often suffering from headaches, nausea and even joint aches and pains. If someone is being bullied then their performance at work is also likely to suffer. Their absence rate often increases, they isolate themselves from colleagues which effects their ability to perform in a team and they have lower productivity and motivation as a result of their poor mental health and consequent lack of motivation and engagement with work.
What is harassment?
As set out in the Equality Act 2010 harassment has a specific legal meaning which is that it is defined as, “unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual”. The law on harassment also applies if a person is harassed because someone thinks that the person has a certain protected characteristic when in fact they don’t; if someone is harassed because they are linked to or have a relationship with a person who has a certain protected characteristic; and if someone witnesses harassment, if what they’ve seen has violated their dignity or created an intimidating, hostile, degrading, humiliating or offensive working environment for them. As with bullying, harassment can be a one off or series of incidents and can happen in person or online through someone’s words, actions or a combination of both.
What are the effects of harassment?
The effects of harassment typically are very similar to the effects of bullying. Harassment though can sometimes feel even more personal and a violation of dignity due to the link to a protected characteristic such as racial or sexual harassment.
What should employers do?
Employers should adopt a zero tolerance approach to both bullying and harassment to prevent them from happening in the first place. Clear and well communicated policies will set out an employer’s approach to bullying and harassment and through effective training and the creation of a positive, inclusive culture staff should be free to work in a welcoming environment which supports and protects their wellbeing. Employers who fail to deal with these issues are likely to create a toxic culture in which bullying or harassment are accepted and passed off as just being banter. By acting in this way though such employers are leaving themselves open to legal action as they can be seen to have failed in their duty of care, can face claims for discrimination due to vicarious liability or claims of constructive dismissal from victims. Any allegations of bullying or harassment should be treated seriously and appropriate action should follow including investigations and disciplinary sanctions if appropriate.
Do you have any questions about today’s blog, need help in becoming legally compliant with contracts/policies or can we support you in taking away any people pains to give you peace of mind?
If you answered yes to any of the above, just give us a call at CUBE HR on 01282 678321, or book in a FREE 30 Minute HR Health Check here FREE HR Health Check and we’ll happily give your business a full HR overview with our personal recommendations absolutely FREE!
Why not also check out our blog on a similar topic Bullying and Harassment – 3 Things You Need to Know
We also have a YouTube channel with loads of handy videos outlining various HR related scenarios.
